Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

Could a native title claim be made over my house and the land I own freehold?

I hold freehold title over a property in a rural town. I have been informed that the land holds cultural significance to an indigenous group. Can a native tile claim be made over my property?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 13-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Native Title
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Cressey Wallwork, Swanbourne 6010 WA

  • No. Freehold land title extinguishes native title.

Answer by Michelle Whitehead, Camden 2570 NSW

  • Your freehold has extinguished the native title.
  • However you may choose voluntarily to attend mediation with the indigenous group to find out if there is a way for you to honour the cultural significance of the land to them without unduly interfering with your occupation of the property.
  • You could agree to enter into an Indigenous Land Use Agreement which is a voluntary agreement that can be registered with the National Native Title Agreement. This agreement could specify for example that the indigenous group have the right to:
    • hold ceremonies on specified parts of the property;
    • enter the property to teach law and custom;
    • gather bush tucker or bush medicines;
    • have a sacred site protected; or
    • have a say in what development can happen on the land.
  • The National Native Title Tribunal provides mediation services that may assist you.

 

Forum Posts

Disclaimer